Planning & Zoning Commission

Chair Thom Pattavina (’27) Middletown Vice-Chair Vice-Chair Secretary Nicholas SebastianFazzino Giuliano(’21) Thom Pattavina (’23) (’25) Secretary Shanay Fulton (’25) Planning and Zoning Members Members ers Richard Pelletier (’23) Rogers Pylant (’25) Catherine Johnson(’27) (’23) Marcus Fazzino (’21) Elizabeth Emery (’27) Vacant (’21)Spencer (’27) Morgan Monarca Nathaniel Commission Alternates Alternates Kellin Atherton (’23) Tyler Eckstrom (’25) Shanay Fulton (’23) James O’Connell (’21) John Carlson (’27) Alan Cunningham (’27) Ex- Ex- Officio Officio Mayor Mayor Ben Ben Florsheim Florsheim Marek Kozikowski, AICP, Director of Land Use REGULAR MEETING MINUTES REVISED WEDNESDAY, November 13, 2024 Council Chambers, City Hall & Virtual on WebEx 7:00 P.M. The meeting was held both virtually and in -person. Members of the public had access via https://webex.com, the WebEx application, and via telephone. Start: 7:00 PM End: 11:19 PM 1. Pledge of Allegiance The Pledge of Allegiance was made. 2. Roll Call Present: Commissioner Thomas Pattavina Commissioner Sebastian Giuliano Commissioner Shanay Fulton Commissioner Morgan Monarca Commissioner Elizabeth Emery Commissioner Alan Cunningham (Remotely) (Seated for Commissioner Spencer) Commissioner John Carlson (Remotely) (Seated for Commissioner Pylant) Absent: Commissioner Rogers Pylant Commissioner Nathaniel Spencer Commissioner Tyler Eckstrom Staff: Marek Kozikowski, Director of Land Use Public: Thirty-one members of the public 2.1. Election of Officers Director Kozikowski called for a nomination of the officers which will be presented as a slate. Commissioner Giuliano made a motion that all incumbents be re-nominated and elected to their current officers for a one year term, seconded by Commissioner Fulton. Page 1 of 10 Director Kozikowski read into the record the position of officers: 1. Chair will be Thomas Pattavina 2. Vice Chair will be Sebastian Giuliano 3. Secretary will be Shanay Fulton 4. Regional Planning Commission Representative will be Beth Emery 5. Alternate Regional Planning Commission Representative will be Nathaniel Spencer 6. Citizens Advisory Commission Representative will be Morgan Monarca Director Kozikowski asked if there are any other nominations three times. There were no other nominations presented. Director Kozikowski announced that nominations are closed. Passed unanimously: 7-0. 3. Items removed from the Agenda None. 4. Public comment on items on the agenda which are not currently scheduled for a public hearing None. 5. Confirmation that all hearing signs have been properly posted Director Kozikowski stated that public hearing signs for the three special exception applications have been properly posted. 6. Public Hearings 6.1 Request for a special exception and site plan modification including relocating the location of the indoor athletic field building and new uses including a brewery with outdoor seating, offices, retail spaces, physical fitness center and physical therapy uses in the existing building located at 49 Randolph Road in the MXI zone. Applicant/Agent: Zach Eddinger/Vale Sports Club. SE2024-10. Zachariah Eddinger, 37 Clark Road, Haddam, presented the application. Mr. Eddinger explained that the is asking for a special exception for the following uses for the existing building including a brewery, a gym, an office shared space, a marketplace corridor place like Main Street Market, and a physical therapy office. Mr. Eddinger continued to explain that they want to move the proposed field house to the soccer fields as a safety measure for the kids so they don’t have to cross the parking lot. This proposed new location doesn’t change the size or scope of the building but will create additional parking. Claudia DeFrance, 664 Bartholomew Road, is opposed to this modification. Director Kozikowski read into the record a letter of opposition. Commissioner Giuliano expressed concerns about this application. What the applicant is asking to do is so far removed from his original plan. Commissioner Giuliano cannot support this application as Page 2 of 10 presented. Commissioner Fulton agrees with Commissioner Giuliano. She will not be supporting this application. Commissioner Monarca will not be supporting this application. Mr. Eddinger responded that in his original application, he did mention plans for a brewery and an office share. He stated that they discussed this during his first meeting in front of the Planning and Zoning Commission. Mr. Eddinger added that getting traffic up that way will be a huge asset to the businesses in the area. Commissioner Carlson asked if the Commission has the ability to deny this application. Commissioner Monarca commented that the people who live near there will have to deal with the high traffic volume. Mr. Eddinger explained that there are two parts to this application. One, is to move the field house to a different location on the property, and two, to request the uses in the MXI zone for the building. Commissioner Fulton asked if breweries are allowed in that area. Director Kozikowski answered it’s a special exception use in the MXI zone. There are standards for breweries. Commissioner Giuliano commented that if all they had in front of them was to approve the relocation of the building, he would support that. Mr. Eddinger asked if he needs to have a special exception on each use and have a public hearing on each use. Director Kozikowski answered no. Those uses are bundled under one special exception. Commissioner Emery expressed her concerns over the proposed brewery. She asked what the hours of operation will be and what will the noise level be like. Director Kozikowski recommended continuing the public hearing to the next meeting and flesh out the details. Motion to continue the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 6.2 Petition to amend Sections 1.15, 4.8, and 6.2 of the Middletown Zoning Code create a new urban horticulture use and making it a permitted use in the B-1, B-2, NPC, IRA, and ID zones. Applicant/Agent: Marek Kozikowski/Department of Land Use. Z2024-7. Director Kozikowski presented the application. Director Kozikowski explained that this amendment is in line with the Plan of Conservation and Development which supports agricultural uses in the City. Page 3 of 10 Also, there is a current project on the agenda tonight that will benefit from the approval of this text amendment. Director Kozikowski stated for the record that he has no personal or financial interest in that project. This was a request by the Administration for Director Kozikowski to write a text amendment in support of this project. Urban Horticulture will be a permitted use in the B-1, B-2, NPC, IRA, and ID zones. Krishina Winston, 655 Bow Lane, spoke in support of this zoning code change. Jane Harris, 161 Ridgewood Road, spoke in support of this zoning amendment. John Hall, resident of Portland, representative of the Jonas Center, is in support of this amendment. Reverend Doctor Yvonne Gallagher, Pastor of the Deliverance Haven Church at 639-643 Main Street, expressed concerns about how the greenhouse project is going to affect the Church next door and is this a necessary project with the numerous gardens and green areas that are in the North end of Middletown. Dominick DeMartino, spoke in support of this amendment. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Commissioner Giuliano spoke in support of this text amendment. Commissioner Fulton is in support of this text amendment. Commissioner Monarca is in support of this text amendment. Motion to approve the text amendment. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 6.3 Petition to amend Sections 4.19 and 5.6 of the Middletown Zoning Code regarding special exception standards for Eleemosynary or Philanthropic Institution Uses. Applicant/Agent: Marek Kozikowski/Department of Land Use. Z2024-8. Director Kozikowski presented the application. He explained that this text amendment is to fix errors in the zoning code. This will also support community development for future projects. Director Kozikowski stated for the record that he has no personal or financial interest in the project that will be presented later in the meeting. This was a request by the Administration for Director Kozikowski to write this text amendment. This is allowed by special exception in the B-1 and B-2 zones. This proposal is to eliminate the three special exception standards and he proposed two new special exception standards with sub-standards. Chris Cambareri, Director of Economic Development for the Middlesex Chamber of Commerce, read a letter of support for this text amendment as well as the text amendment to create a new Section 2.13.5 Modifications to allow flexibility to Area, bulk, and Yard Requirements for the zone. Commissioner Giuliano expressed concerns about the deed restriction requirement. Commissioner Giuliano will support this text amendment if the deed restriction requirement is removed. Director Kozikowski responded stating that the intent of the deed restriction is that Middletown exceeds the State mandated ten percent of the housing stock qualifying as affordable housing. Middletown sits at twenty-two percent. The intent is to diversify the types of affordable housing to ensure that there is an Page 4 of 10 affordable housing stock that’s not veritable. Motion to close the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Commissioner Fulton asked Commissioner Giuliano if removing the deed restrictions is for future use of the property other than affordable housing. Commissioner Giuliano answered yes. Commissioner Giuliano made a motion to approve the text amendment with the following amendment: deleting subparagraph two, section two of section 5.6.8 special exception standards and renumbering the remaining paragraphs to conform. Seconded by Commissioner Monarca. Motion failed: 4-3 In Favor: (Pattavina, Giuliano, Monarca, Emery) Against: (Fulton, Carlson, Cunningham). Motion to reconsider the vote. Moved by Commissioner Carlson, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Recess at 8:50pm. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Returned at 9:04pm. Motion to reopen the public hearing. Moved by Commissioner Emery, seconded by Commissioner Giuliano. Passed unanimously: 7-0. Director Kozikowski recommended a modification to the proposal. Delete the line in section 5.6.8.16 number two which currently reads, “All dwelling units associated with use shall be deed restricted for affordable housing pursuant to Section 8-30G of the Connecticut General Statutes” and replacing that clause with the following, “All dwelling units associated with the use or qualify as affordable housing pursuant to Section 8-30G of the Connecticut General Statutes”. Maryellen Shuckerow, Executive Director of St. Vincent de Paul, commented that their St. Vincent de Paul project is grant funded. Also, the building is not entirely affordable housing. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Motion to amend Commissioner Giuliano’s motion. Moved by Commissioner Emery, seconded by Commissioner Fulton. Page 5 of 10 Passed unanimously: 7-0. Motion to approve the amended motion. Passed Unanimously: 7-0. 6.4 Petition to amend Section 2.13 of the Middletown Zoning Code to reorganize the current codes and create a new Section 2.13.5 Modifications to allow flexibility to the Area, Bulk, and Yard Requirements for the zone. Applicant/Agent: Marek Kozikowski/Department of Land Use. Z2024-9. Director Kozikowski presented the application. The motivation for this amendment is to support a robust mix of uses in the downtown district and to support current and future projects. There are two special exception application tonight that will benefit from this text amendment. Director Kozikowski stated for the record that he has no personal or financial interest in the project that will be presented later in the meeting. This was a request by the Administration for Director Kozikowski to write this text amendment. The intent of this amendment is to update the description and improve the organization of the zone. There will be modifications to the ground floor uses to the B-1 zone. A new prohibited use in the B-1 zone is blocking windows by use of tints, mirrors or other methods along the ground floor. Through a special exception an applicant can propose a project under a different standard of yard requirements. Dominick DeMartino, DeMartino Investments, 412 Main Street, Middletown, commented that he would like to see a rewording of the prohibited use of blocking windows. Mr. DeMartino stated that around the holidays some of the windows have paintings or décor. Commissioner Giuliano expressed his concerns about having an absolute prohibited blocking of windows in the B-1 zone. Jennifer Alexander, 110 Washington Street, is in support of this amendment especially the blocking of windows. Director Kozikowski commented that there are exemptions to the window blocking such as when a store is undergoing renovations, spaces without an active tenant, and if it’s required by State or Federal law. Commissioner Monarca asked if advertisements on restaurants will be allowed. Director Kozikowski clarified that thirty percent of the window can be blocked with signage. Mr. DeMartino asked what will happen to those who already have windows that are tinted if this amendment is passed. Director Kozikowski answered they will be legally non-conforming. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Commissioner Giuliano stated that he will support this amendment. Page 6 of 10 Motion to approve the text amendment. Moved by Commissioner Monarca, seconded by Commissioner Giuliano. Passed unanimously: 7-0. 6.5 Request for a special exception to construct a new eleemosynary building to include a soup kitchen, a warming center, office space, and 16 studio apartments that are managed and operated by St. Vincent de Paul on property located at located at 12, 20, and Map-Lot: 22- 0263 Liberty Street in the B-1 zone. Applicant/Agent: Sean Donadio/Northeast Collaborative Architects. SE2024-11. Maryellen Shuckerow, Executive Director of St. Vincent de Paul, 617 Main Street, Middletown presented an application. Ms. Shuckerow stated that she is in front of the commission to request a parking exemption as well as some other things. Ms. Shuckerow explained that this new construction will have a permanent warming/cooling center in the lower level. The soup kitchen will be located on the first floor. The entrance will be located on Liberty Street. The gate to the frontage will be an electronic gate that will be accessible by key card. The second floor will have eight apartments for the homeless. The third floor is another eight apartments. The top floor will house offices. There will be flowers and plants on the Liberty Street side. This building will be located behind Liberty Commons. In regards to the parking issue, there are twenty-two staff but they don’t all work on the same day or same place. They work in four different locations. Commissioner Fulton asked if this will be single-person housing or for families and how many people can you accommodate in the warming center. Ms. Shuckerow answered they have adults, male and female. They can’t have families. If they get a family at the warming center, they will either get them a motel room or get them to a family shelter. We can’t mix children with adults unrelated. They can accommodate forty people in the warming center. Ms. Shuckerow added that there will be no public bathrooms on the first floor. Director Kozikowski stated that the text amendments that the commission just approved will benefit this project. Director Kozikowski added that the Design Review and Preservation Board review the application and approved the façade and concept. The applicant needs to return to the Board with colors and materials. Dominick DeMartino, DeMartino Investments, 584 Main Street, Middletown, spoke in support of this application. Mark Marcelli, 110 Washington Street, Middletown, spoke in support of this application. Carrie Carella, Owner of Nora Cupcake, spoke in support of this application. Chris Cambareri, Executive Director of the Middlesex Chamber of Commerce, read into the record a letter of support. Claudia DeFrance, 664 Bartholomew Road, spoke in support of this application. Jeff Pittler, owner of 646 through 654 Main Street. Middletown, spoke in support of this application. Page 7 of 10 Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. Commissioner Giuliano commented that this is a great project and will be supporting this project. Commissioner Pattavina will also be supporting this application. Commissioner Emery will also be supporting this application however she requested that comments provided by the Public Works Department and Water and Sewer Department be read into the record. Director Kozikowski read into the record the Public Works comments, Water and Sewer comments, as well as Land Use staff comments. Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Fulton Passed unanimously: 7-0. 6.6 Request for a special exception to construct a 2,640 SF greenhouse for a horticulture use located at 645 Main Street in the B-1 zone. Applicant/Agent: Richard Carella/Updike Kelly & Spellacy. SE2024-12. Attorney Rich Carella, Updike Kelly & Spellacy, presented the application. Atty. Carella explained that they would like to construct a greenhouse on the greenspace at 645 Main Street. This is not an agricultural use, it’s a horticultural use. Atty. Carella mentioned that the Design Review and Preservation Board determined that this project will not have a detrimental effect on the downtown area. Evette Highsmith, Regional Vice President of the Community Health Center, continued with the presentation. She spoke of the social drivers of health. The greenhouse will benefit the community through therapeutic gardening. This greenhouse is designed to be a community space. Sean Regan, senior landscape architect with Tighe and Bond, spoke about the site for the proposed greenhouse and site improvements. The main entry to the greenhouse will be from Grand Street. Atty. Carella continued with the presentation. He addressed a concern about having access from Main Street. We are addressing that and will include it in our final plan. Sarah Greenleaf, Growspan Greenhouses, spoke to the projects that they have worked on. This is of a Dutch design greenhouse with roof ventilation. David Miller, Landscape advisor on this project, explained the look and layout of the greenhouse. Krishina Winston, 655 Bow Lane, spoke in support of this application. Commissioner Monarca expressed his support for this project. Commissioner Pattavina agreed with Commissioner Monarca. Motion to close the public hearing. Moved by Commissioner Giuliano, seconded by Commissioner Monarca. Passed unanimously: 7-0. Director Kozikowski commented that there are outstanding department comments that the applicant Page 8 of 10 needs to address prior to the issuance of building permits. Motion to approve the special exception. Moved by Commissioner Giuliano, seconded by Commissioner Fulton Passed unanimously: 7-0. It is 10:54pm. Motion to extend the meeting pasted 11:00pm. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. 7. Old Business None. 8. New Business 8.1. Adoption of the 2025 Meeting Calendar Commissioner Fulton pointed out that January 21, 2025 is a Tuesday. Director Kozikowski confirmed that they will correct that error. Motion to approve the 2025 meeting calendar as amended. Moved by Commissioner Giuliano, seconded by Commissioner Fulton. Passed unanimously: 7-0. 8.2. Request for an affirmative GS 8-24 to acquire property for the proposed new fire station located at 876 Newfield Street and Mile Lane (Map-Lot: 18-0023). Applicant/Agent: Christopher Forte/OGC and Fire Department. GS 8-24 2024-22 Dave Albert, Fire Chief, Middletown Fire, presented the application. Chief Albert explained that they have been looking to acquire a place for a third fire station for the past twenty years. This location is prime location for all the new developments in the area. It will cut down the response time. The Fire department will seek federal funding and grants to construct the new Fire Station. Director Kozikowski asked if any plans have been drawn up for the site. Chief Albert answered not yet. Commissioner Giuliano does not support this application. Commissioner Giuliano doesn’t believe this is consistent with the Plan of Conservation and Development and secondly, the Common Council did not act on this application first. Commissioner Emery asked who votes on the 8-24 first. Director Kozikowski answered it’s more of the norm for 8-24 applications to come before the Planning and Zoning Commission before going to the Common Council. Chief Albert informed the commission that the Public Safety Commission is aware of this request. It was supposed to go in front of the Economic Community Development Commission last night but the meeting was canceled. They were informed that they couldn’t put a fire station on Mile Lane because it’s not zoned for it. Commission Emery will be supporting this application. Commissioner Fulton will be supporting this application. Page 9 of 10 Motion for an affirmative GS 8-24. Moved by Commissioner Fulton, seconded by Commissioner Emery. Passed: 6-1 (Against: Giuliano) 9. Public comment on topics which are not or have not been subject of a public hearing None. 10. Minutes, Staff Reports and Commission Affairs 10.1. Minutes Motion to approve the October 16, 2024 special meeting minutes. Moved by Commissioner Giuliano, seconded by Commissioner Emery. Passed unanimously: 7-0. 10.2. RiverCOG Report None. 10.3. Staff Report Director Kozikowski reported that on Wednesday, November 20th at 6:30pm in the Council Chambers there will be a public workshop related to the Central Connecticut Trail Loop Project in partnership with RiverCOG. 10.4. Commission Affairs Commissioner Giuliano would like on the next agenda there should be a resolution to rescind the 8-24. Commissioner Pattavina agrees with Commissioner Giuliano. Commissioner Emery recommended that when approving applications and with outstanding comments to be addressed, that there be an addendum as part of the motion to approve. 11. Adjournment Motion to adjourn Moved by Commissioner Spencer, seconded by Commissioner Giuliano. Passed Unanimously: 7-0. Submitted, Marek Kozikowski, AICP Director of Land Use Page 10 of 10